Conditions

§ 1 Scope, customer information

The following general terms and conditions (GTC) regulate the contractual relationship between BM colors GmbH (BM colors GmbH) and entrepreneurs who purchase goods through our shop. We do not accept any conditions that conflict with or deviate from our terms and conditions. The contract language is German.

§ 2 Conclusion of contract for shipping goods

(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.

(2) You can add one or more products to the shopping cart. During the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only when you click the order button do you make a binding offer to conclude a purchase contract. You can also place a binding order by telephone or fax.

(3) With the confirmation of receipt sent immediately by email or fax, acceptance of your offer is also declared and the purchase contract is thereby concluded. When ordering by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound to it.

§ 3 Conclusion of contract for download products

(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.

(2) You can add one or more products to the shopping cart. During the ordering process, you enter your data and requests regarding payment method etc. Only when you click the order button do you make a binding offer to conclude a purchase contract.

(3) With the confirmation of receipt sent immediately by email, acceptance of the offer is also declared and the purchase contract is thereby concluded. The products are then made available for immediate download.

§ 4 Download products: No time limit

After purchasing the product, there is no time limit for downloading. After activation, you can access the link and download the product at any time via your customer login.

§ 5 Download products: number of downloads

The number of downloads is not limited.

§ 6 Download products: Regulation of the right of use

You are only authorized to make private copies on other media. Redistribution, transfer, transfer or sublicense is not permitted.

§ 7 Customer information: Storage of the contract text

We will save your order with details of the contract concluded (e.g. type of product, price, etc.). We will send you the general terms and conditions, but you can also access the general terms and conditions via our website at any time after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area (https://web20.cologne147.serverspot.de/admin/index.php?id=daten_interfacen#tab:law).

§ 8 Customer information: Correction notice

You can correct your entries at any time before placing the order using the delete button. We will inform you about further correction options as you go through the ordering process. You can also end the ordering process completely at any time by closing the browser window.

§ 9 Statutory liability rights for defects and statute of limitations

(1) Statutory liability rights for defects

Statutory liability rights for defects exist for our goods.

(2) Statute of Limitations

Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this regulation

- for compensation
- due to fraudulently concealed defects
- from any guarantee provided
- recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that were used for a building in accordance with their normal use and which caused its defectiveness.

For these excluded claims, the statutory limitation periods apply. If there is a guarantee period, the longer period applies in favor of the buyer.

§ 10 Limitation of liability

We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material and legal defects. We have to provide you with download products free of defects.

§ 11 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.